
The Guidelines of the Specialized Technical Committee of the Mexican Institute of Industrial Property Have Been Published
June 24, 2026
On April 3, 2026, a decree amending the Federal Law for the Protection of Industrial Property (LFPPI) regarding technology transfer and the simplification of the protection process for patents and registrations was published in the Official Gazette of the Federation (DOF). The decree added Title Five Bis into the Law, establishing the creation of a Specialized Technical Committee within the Governing Board of the Mexican Institute of Industrial Property (IMPI).
On May 26, 2026, the IMPI Governing Board formally established the Committee in compliance with the foregoing and approved its Guidelines (Agreement 05/2026/2ª O.), which were published on June 8, 2026.
The purpose of the Specialized Technical Committee is to review, address, and resolve requests related to the Issuance Procedure of Binding Resolutions on Patents and Registrations, a mechanism that provides a binding decision on the status of patents and registrations when IMPI authorities do not issue a decision within the established, legal timelines for registrations, oppositions, or renewals of industrial property applications.
The Committee is composed of three members who are selected from the agencies making up the IMPI Governing Board:
- Chair: A representative from the Secretary of Economy (permanent basis).
- Two rotating representatives selected every three years in the following order:
- SHCP and the Secretary of Culture (first term through December 31, 2028).
- SEP and the Secretary of Science, Humanities, Technology, and Innovation.
- Secretary of Economy and Secretary of Foreign Affairs.
- SHCP and the National Metrology Center.
- Secretary of Agriculture and Rural Development and Secretary of Health.
All members must have at least the rank of Area Director, and their role on the Committee is honorary and unpaid.
The Committee also has a Technical Secretary, which will be occupied by the head of IMPI’s Divisional Directorate of Legal Affairs, as well as a Deputy Secretary. Representatives from the General Directorate and the technical areas of the Institute may participate as guests with the right to deliberate, but not to vote.
In accordance with the Guidelines, the Committee has the following powers:
- Review, address, and resolve requests related to issuing decisions;
- Request the responsible public official to provide correlating reports;
- Issue appropriate requests to determine the issuance of decisions (Issuance Procedure)
- Determine if the Issuance Procedure should proceed based on the supporting documentation and the report submitted by the public servant;
- Require the public servant to issue a final decision and instruct that the applicant be notified;
- Receive evidence verifying that the applicant has been notified of the final decision;
- Propose to the Governing Board that amendments be made to the Guidelines;
- Instruct the Technical Secretary to carry out the activities necessary to administer the Committee.
The person chairing the Committee has the following powers:
- Convene regular and special meetings, personally or through the Technical Secretary;
- Oversee the work of the Committee;
- Request the appointment of regular and alternate members, either directly or through the Technical Secretary;
- Direct the Technical Secretary to implement resolutions adopted by the Committee;
- Cast a decisive vote;
- Sign the meeting minutes; and
- Take necessary measures to ensure the Committee is functioning properly.
The Committee members have the following powers:
- Attend meetings convened by the Committee Chair or the Technical Secretary;
- Participate in the deliberation of matters on the meeting agenda;
- Cast a vote.
In the event of an impediment or recusal, the provisions of the Federal Law of Administrative Procedure shall apply.
In accordance with the Guidelines, the Technical Secretary has the following duties:
- Receive applications and petitions related to the Issuance Procedure and inform the Committee;
- Receive the report submitted by the IMPI public official and inform the Committee;
- Receive notices of compliance from the IMPI public official and notify the Committee;
- Convene Committee meetings upon instruction of the Committee Chair;
- Maintain a record of the resolutions adopted by the Committee;
- Sign any records or documents arising from the Committee’s proceedings;
- Issue the necessary certifications regarding the Committee’s affairs.
The Deputy Secretary has the following duties:
- Prepare the meeting agenda to be discussed at Committee meetings;
- Take roll call and verify there is quorum for the meetings;
- Take the Committee meeting minutes and obtain the Chair’s signature.
The following points are important regarding the operation of the Specialized Technical Committee:
- The Committee will meet as often as required in accordance with the requests received, and meetings may be held in person or virtually. The meeting must be called at least one business day in advance either by the Chair or the Technical Secretary, and notifications may be sent via official email.
- The notice must include: the date a request was received, the type of request, the name of the applicant or public official, the file number, the related administrative area of the Institute, and a link to the electronic repository.
- Sessions require the presence of all three members, and resolutions are adopted by majority vote. In the event of a tie, the Chair will cast a decisive vote. If the session is not held on the scheduled date, it must be held on the following business day.
- The Committee must maintain a digital repository of all its proceedings and the requests made for the Issuance Procedure.
- Interpretation of the Guidelines corresponds to the Committee. Any amendments must be approved by the Governing Board of the Institute, which may be proposed by the Committee.
In summary, the Committee has the power to: request reports from the public officials responsible for determining patent and registration requests; determine the final decisions of the Issuance Procedure; direct that final resolutions be issued and applicants be notified; and propose any amendments to the Guidelines to the Governing Board.
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